On Appeal Not Infliction Principle

The conflict between the important value of the principle of non-adding penalty in appealing and negative,makes the person always be in dispute state in theory and practice. After having inspected home and abroad legislation current situation, judge by our country Criminal Procedure Law regulation, wait for legal principle "Charge argue under balancing", "charging doctrine", "benefit for trying separation to balance propping up saying", improve and perfect keeping a foothold in actual judicial practice , non-adding penalty principle's about that difficult point problem such as whose thoroughness, negative, carry out still primary investigation and discussion , make every effort to lodge an appeal against our country makes what little contribution self can.And the main body of a book is traced first to being the principle creation , history flowing deformation etc.'s turn to be in progress, place of the similarities and differences having analysed every country legislation regulation, the legal principle having analysed it's the back props up, have had the all-round acquaintance and cognition thereby to that principle , have had legal principle to study that principle has laid down basis further according to being.The author stores investigation and discussion arguing of abolishing immediately next to having spread out about owing the principle lot value and negative to that principle. Human rights having pointed out the defendant who there is existing protection in the person, the upkeep lodges an appeal these indisputable value such as system and try level system and beneficial to reinforcing the judicial authority responsibility , improving handling case mass; Have pointed out punishment adapts to principle each other , two tries negative examining principle waiting for some criminal laws to conflict each other between principle , being harmful for legal action economy to wait all round with having a mistake to rectify principle , corporal punishment necessarily in face of All men are equal principle , responsibility for an offence to be owing principle existence; To having owed if principle defend really broad human rights, whether having increased legal action cost really or not, investigation and discussion whether having gone against the purpose punishing the civil suit committing a crime or not this three kinds, value having dispute , having been in progress, And have carried out the viewpoint having analysed , indicating an author according to upper law of the unity of opposites of philosophy value having dispute to these. On carrying out the basis commenting on and analysing on to useless , to change , set up three kinds viewpoints, the author thinks , negative lodging an appeal not adding punishment principle is smaller than whose value over, is principle's turn to ought to reserve down of course.The author ken comes back to in the homeland naturally on the premise of existence in ascertaining the person, legislation. Face to face our country legislation current situation sufficient expound basis upper, point out the person in the field of legislation existence not regulation procuratorial organ be defendant benefit lodge protests be suitable for use or not that principle, allow heavy examine increase of penalty and retrial increase of penalty and so on legislation place of defect, point out the person practice middle existence blindly affirm the original judgement, "in disguised form" increase of penalty and so on in substance violate lodge an appeal no increase of penalty principle wrong method of work, and face to face that principle actual judicial practice hit the target concrete "awkward" that place be in progress expound.The author thinks that principle responds to primo renewal before legislation modification after having analysed the problem there existing in above-mentioned legislation , judiciary middle, legislation idea. Especially ought to insist on the . harmonious civil suit under the overall situation of currently harmonious society , ought to use harmonious sight to judge this principle advantages and disadvantages , ought to handle the conflict between benefit from harmonious angle. Under ascertaining the direction being principle's turn to should expand applying to and giving appropriate legislation of controlling thought, the author has brought forward concrete suggestion on legislation further. The author has suggested that thorough appealing of construction one does not add punishment principle suggestion on legislation in four aspects such as needing to expand the main body suitable for use , extending "not adding the punishment" import; Have suggested that the defendant there exists feting guests and distributing gifts , offering a bribe and so on in one side against the law or discipline behavior's , no suitable for use that principle , the value having brought restraint judiciary sepsis into that principle among; Have suggested that the victim requests that the procuratorial organ adjudges counterappeal's to the first instance, the procuratonal organ decides ought to report previous level procuratorial organ examining decision not lodging protests , the previous step procuratonal organ has the protection directing counterappeal right and direct counterappeal right, to have harmonized the victim benefit proper and defendant legal action benefit protects between contradiction; Except having brought forward a pair circumstance carry out upper restricting of procedure , be especially thorough with lodging an appeal not adding punishment principle put a field into effect report the procedure that Supreme People's Court ratifies tier. Have brought forward two try definitely can apply to the all-round court decision examining principle all round being in progress to first instance court decision first, direct recommend has lodged an appeal and then in measurement of penalty part not adding punishment principle , the proper field has been mediated examining the conflict waiting for civil suit principle not to add punishment principle with lodging an appeal all round. The author has suggested that increase of penalty principle does not revise to lodging an appeal in theoretical form of address for "forbidding aggravating criminal liability" principle, and has suggested that to revising an idea concretely in connection with the clause "Criminal Procedure Law" behind article. Owe a part the place of point and characteristic being innovative being also the main body of a book.